Littlejohn v. . Shaw
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of blew York in favor of plaintiffs, entered upon a verdict, and an order denying a motion . for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of blew York in favor of plaintiffs, entered upon a verdict, and an order denying a motion . for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In a contract of sale of goods to arrive through bought and sold notes, the description of the article in the contract, together with all stipulations as to time, place and mode of shipment, are…
1Opinion of the CourtGray, J.
The cause of action stated in the complaint wras the refusal of the defendants to accept and pay for some twenty-five tons of Mo. 1 “ cube gambier; ” which, it is alleged, they purchased of the plaintiffs in March, 1893. In their answer, the defendants alleged that their agreement to purchase the gambier was upon certain terms contained in a writing ; to the effect that the gambier was to be “ shipped free in bags, * * * February-March-April, ’93, sail shipment at Singapore for Mew York, deliverable here ex vessel, usual good merchantable quality and condition, at six and one quarter cents…
2Cases cited3 opinions
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Hill v. . BlakeNew York Court of Appeals · 1884
3Cited by77 opinions
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
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